On October 8, 2002, the following papers, numbered 1 to 3, were read on motion
by Claimant for the appointment of counsel and an adjournment of his scheduled
trial:

1. Notice of Motion filed September 27, 2002;

2. Affidavit of Angel Erazo, sworn to September 17, 2002;

3. Filed documents: Claim and Answer. This is Claimant's motion seeking
appointment of counsel to represent him in the preparation and trial of his
claim against the State. In that regard, he has also requested an adjournment
of the trial of this matter, scheduled for October 24, 2002, so that the
attorney appointed could familiarize himself or herself with the file. The
claim, filed August 23, 1999, alleges that, on September 16, 1997, while
incarcerated at Collins Correctional Facility, Mr. Erazo was assaulted by
correction officers and forced to swallow a razor blade. He seeks to recover
damages in the amount of $500,000.00 for his resulting injuries.

The State has informally notified the Court that it takes no position on
Claimant's motion.

The Court of Appeals has held that there is no constitutional or statutory
requirement that indigents be assigned private counsel in civil litigation of
this nature (Matter of Smiley, 36 NY2d 433). Smiley has been
interpreted for the proposition that Courts should not routinely approve
requests made by indigents for the assignment of private counsel without
compensation unless the litigation involves grievous forfeiture or loss of a
fundamental right (Wills v City of Troy, 258 AD2d 849, lv to app
dismissed, 93 NY2d 1000; Morgenthau v Garcia, 148 Misc 2d 900, 903).
I have examined the underlying claim and find that this matter involves neither
a fundamental right, nor is of sufficient complexity to warrant assignment of
counsel (seeMatter of Smiley, supra; Matter of St.
Luke's-Roosevelt Hosp. Ctr. 159 Misc 2d 932, 936, modified and
remanded, 215 AD2d 337).

Based on the foregoing, it is;

ORDERED, Claimant's motion for the assignment of counsel to represent
him in this matter and for an adjournment of the scheduled trial is
denied.